TERMS & CONDITIONS Welcome to Marich Confectionery Company’s website and online purchasing. Marich.com and related website, mobile sites, or applications, content and properties (Website or Site) is operated by Marich Confectionery Company, Inc.. Throughout the Site, the terms “we”, “us” and “our” refer to Marich Confectionery Company, Inc. and any and all of its subsidiaries and related entities. Marich Confectionery Company, Inc. offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 1) GENERAL CONDITIONS Marich Confectionery Company, Inc. and its affiliated brands and/or companies make this Website available for the personal use of visitors. Whenever you: use this or any affiliated brands’ website; make a purchase from us; subscribe to any of our mailing lists or newsletters; sign up for our events; register for our promotions; engage with content, post comments, feedback and when you engage with one of our brand pages on community platforms like Facebook, Pinterest, Twitter, or Instagram (“Brand Pages”) the following terms and conditions of use (“Terms of Use”) govern your use of this Website and applications, and the Websites and applications of any of our affiliated brands. We reserve the right to amend the Terms Use from time to time by posting a new agreement on this Site. We advise you to read these Terms of Use prior to every use of, or purchase from, the Site. Your use of the Site or purchase of any product or service from us constitutes acceptance of these Terms of Use, our Privacy Policy, and any additional terms that govern certain products, services or offerings as well as other legal notices, terms and policies on this Site (together referred to as “Terms”), all of which are expressly incorporated herein by reference. If you do not accept these Terms and/or any amendments thereto, please do not use the Site. We further encourage you to review these Terms of Use periodically for any updates or changes or to call (800) 624-7055 to request a copy of other applicable Marich Confectionery Company, Inc. terms and polices. Your continued access or use of this Website shall be deemed your acceptance of the Terms and any and all changes and the reasonableness of these standards for notice of changes. In addition, when you use any current or future service (e.g., online purchasing, order tracking, etc.), visit or purchase from this Site you will be subject to the guidelines and conditions applicable to such service or business. 2) RESTRICTIONS The Site is intended for use by residents of the United States or non-residents that agree to use the Site in accordance with United States laws, these Terms of Use and our Privacy Policy. The Site is designed and intended for United States audiences, and is governed by the laws of the United States. By accessing and using the Site, its content and/or features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Site and its features does not violate any applicable law, rule or regulation. 3) PRIVACY POLICY Please review our Privacy Policy, which also governs your use of this Website, for more information. 4) COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS The content of this Site, including without limitation, any designs, logos, text, images, audio and video materials, software, graphics, and all copyrights, trademarks, services marks, trade names, logos and other intellectual property or proprietary rights contained therein is owned by us and/or licensed by us from 3rd parties (the “Proprietary Material”). The Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. Except for the limited license to download and print certain material or information from the Site for non-commercial and private purposes, you have no right to use, copy, reproduce, display or distribute the Proprietary Material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private, non-commercial purposes is prohibited without our express prior written consent. All rights not granted hereunder are expressly reserved by us and no transfer or rights is intended or implied. Any attempt to circumvent these rights shall be null and void. 5) REGISTRATION Registration on the Site provides the ability to store frequently used information and personal identifiable information to streamline check-out. A valid credit card with your name, billing address, and phone number is required when making a purchase. You may maintain this information, as well as other information such as shipping addresses, on the My Account page of the Site. All personal information provided to us will be collected, protected and used in accordance with our Privacy Policy. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Upon registration, you must provide a working email address, and a password. You must ensure that these remain confidential at all times, and agree that you are solely and entirely responsible for all activities which occur under your email address and password, and are solely responsible for the security of your access codes and/or passcodes. You must notify us immediately if you become aware of any unauthorized use of your email address and password. Each email address and password must be used by a single user and is not transferable. We may suspend or terminate access to an account at any time without notice if we suspect unauthorized or improper use of the account. 6) ELECTRONIC COMMUNICATIONS When you visit or use our Website or send us e-mails from your desktop or mobile device, you are communicating with us electronically. We will communicate with you by e-mail, telephone or by mail such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Marich Confectionery Company, Inc. services, and you may retain copies of these communications for your records. You hereby consent to receive communications from us electronically and via telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to receive communications from us electronically, 7) PRICING Except where noted otherwise, the price displayed for products on our Website represents the price listed on the product itself. We confirm the price of an item after your order is placed, however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, at times we may experience malfunctions or errors where items may be incorrectly priced. If we find that a product has been incorrectly priced, we will do one of the following: If the price billed is higher than the correct price, we will credit the difference between the price billed and the correct price to your credit card. If the price billed is lower than the correct price, we will honor the lower price billed for that particular order. 8) RETURNS & EXCHANGES Please contact our Customer Service team at hello@marich.com with return or exchange inquiries. 9) USE OF INFORMATION AND/OR MATERIALS You may print any downloadable information or materials offered on this Site provided that all of the following conditions are met: You use the materials or information solely for private, non-commercial purposes, and not for direct or indirect commercial purposes; your use of the materials is for lawful purposes; and no copyright or other similar notice regarding our property rights, or the property rights of any 3rd parties, is removed from the materials. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasive, abusive, threatening or obscene purposes), and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site. Some examples of unauthorized or illegal use of this Site include, but are not limited to: (i) collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email; (ii) the unauthorized framing by you of the Site; (iii) engaging in criminal or tortious activity, including fraud, spamming, sending of viruses or other malicious code or harmful files, copyright infringement, patent infringement, or theft of trade secrets; (iv) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you hereunder; (v) attempting to impersonate another User or person; (vi) using the account, Username, or password of another User, as applicable, at any time, or disclosing your password, as applicable, to any 3rd party or permitting any 3rd party to access your account; (vii) displaying an advertisement, or accepting payment or anything of value from a 3rd person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on the Site; (viii) using spiders, bots, data mining techniques or other automated devices or programs to analyze, catalog, download or otherwise reproduce, store or distribute content available on the Site, or to otherwise manipulate the Site; (ix) reverse engineering, deciphering, decompiling or disassembling the Site; or (x) using the Site in a manner inconsistent with any and all applicable laws and regulations. You may not resell use of, or access to, the Site to any 3rd party without our prior and express written consent. Any unauthorized use immediately and automatically terminates your right to use this Site and may subject you to legal liability. Changes are periodically made to the information herein. We and/or our respective agents may make improvements and/or changes in the product(s) or service(s) offered and/or the program(s) described herein at any time. We have no duty to update the Site or the content hereof and, to the fullest extent permitted by law, we shall not be liable for any failure to update such information. 10) USER GENERATED CONTENT The Site may now or in the future include content, photos, artwork, videos, text, graphics, articles and other information that you (i) post to the Site or our Brand Pages, (ii) choose to allow us to use by identifying us in a hashtag, or (iii) choose to allow us to use by tagging us on any social media or other platform (“User Content”). Unless otherwise specified, you may only post User Content to the Site or tag us if you are a resident of the United States. You represent and warrant that: (i) you own the User Content you tag us in, or posted by you on the Site, or our Brand Pages, or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Site or our Brand Pages does not result in a breach of any contract between you and a 3rd party, or otherwise violate any law or regulation. We may request you to provide releases or proof of permission from any 3rd parties depicted or referenced in your User Content. You agree to pay for all royalties, fees and other monies owing to any person or 3rd party by reason of any User Content you post on the Site or our Brand Pages. By using the Site, or tools or applications for communicating, posting or creating content, you agree to post material that is proper, and related to the forum presented by the particular area of the Site and free of content that is or may be of an objectionable, offensive, false or misleading nature. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. The following is a partial list of additional types of User Content that is illegal or prohibited to post on or through the Site or Brand Pages (“Prohibited User Content”). Prohibited User Content includes, but is not limited to, User Content that: (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains offensive subject matter, including “masked” profanities; (v) solicits personal information from anyone or otherwise contains any advertising, “spam” or any other form of solicitation; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses; (vii) promotes information that you know is false or misleading, or promotes illegal activities, violence or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) includes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (x) includes a photograph of another person that you have posted without that person’s consent; or (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Prohibited User Content may be removed by us without notice, and your posting of such content may result in termination of privileges. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We reserve the right, in our sole discretion, to reject, refuse to post, edit or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if we determine, in our sole discretion, that you pose a threat to the Site and/or its Users. We assume no responsibility and no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. You are solely responsible for anything you may post on the Site and/or Brand Pages, and the consequences of posting anything on the Site and/or Brand Pages. We do not claim any ownership rights in the User Content that you post to the Site or our Brand Pages. After posting your User Content, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site or our Brand Pages, however, you automatically grant us an irrevocable, transferable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licensees of the foregoing, at our sole discretion and without further compensation to you. Once you submit or post your User Content to the Site and/or Brand Pages, you also waive any further right to inspect or approve uses of such User Content. Additionally, we do not accept any unsolicited ideas including, without limitation, suggestions about advertising, promotion or merchandising of our products, and we may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. We shall be free to use any such ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, worldwide in perpetuity in any medium now known or later developed including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. 11) NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT We are committed to complying with copyright and related laws, and we require all Users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of 3rd party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy and we reserve the right to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of applicable provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content at issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following minimum information: a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b) a description and identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; c) a description of where the material that you claim is infringing is located on the Site in a manner sufficient to permit us to locate the material; d) your address, telephone number, and email address; e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; f) and a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our designated contact for claims of copyright infringement can be reached as follows: CBenson@marich.com 12) NO WARRANTIES THIS SITE IS PROVIDED BY MARICH CONFECTIONERY COMPANY, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARICH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR DEVICE, OR FREE OF COMPUTER OR DEVICE VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARICH, OUR OFFICERS, DIRECTORS, AND EMPLOYEES, AGENTS, 3rd PARTY CONTENT PROVIDERS (“PROVIDERS”), SUPPLIERS (“SUPPLIERS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARICH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MARICH OR ITS ASSOCIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 13) LIMITATION OF LIABILITY To the fullest extent permitted by law, you agree that we (including, any of our affiliates, and any of our or their respective officers, directors, employees, or agents), will not be liable for liability, loss, damage or expenses arising out of or suffered by you as a result of your visit to or use of this Site or any linked site, any materials provided on the site or downloaded from the Site, inability to use the Site or any error in the provision of the Site, any computer virus or other executable code that you may download from the Site, and any other defect that is transmitted through the Site, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure, whether such loss or damage arises from our negligence or otherwise. Under no circumstances will we be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity); even if we were made aware of the possibility of such damages. Except as otherwise provided herein, this Site and the products offered for sale on it and the transactions conducted through it are provided by us on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Suite except as provided herein. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this Site, including but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. Further, to the extent permitted by applicable law, our total liability to you for any damage (regardless of the foundation for the action) shall not exceed the aggregate amount of fees and monies actually pad by you to us during the month immediately preceding the act allegedly giving rise to our liability. 14) EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES WHERE LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this website from 3rd parties not associated with us. We encourage discretion when using the Internet. Some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in 3rd party sites, and you hereby irrevocably waive any claim against us with respect to such sites. 15) INDEMNIFICATION You agree to indemnify, defend and hold harmless Marich Confectionery Company, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, licensees, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any 3rd party due to or arising out of your use of the Site in violation of these Terms and/or breach of these Terms of Service or the documents they incorporate by reference (including, without limitation, any breach of your representations and warranties set forth herein and/or applicable law), or your violation of any law or the rights of any 3rd party. 16) LINKS TO OTHER SITES Certain content, products and services available via our Service may include materials from 3rd parties. Links to 3rd party sites on the Site are provided solely for your convenience. If you use these links, you may leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed these other websites, and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these 3rd party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any 3rd party content, materials or websites, or for any other materials, products, or services of 3rd parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other use or transactions made in connection with any 3rd party websites whether or not referenced or linked to on our Site. Please carefully review any 3rd party’s policies, terms and practices and make sure you understand them before you engage in any use or transaction. Complaints, claims, concerns, or questions regarding 3rd party products are to be directed to the 3rd party. 17) GOVERNING LAW The Website is based in the United States in the State of California. We make no representation that the Website or its policies comply with the laws of any other country. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country, state, province and/or jurisdiction. You also consent to the transfer and use of your information outside of your country. These Terms of Use and any matter relating to the Website (including our Privacy Policy) are governed by the laws of the State of California without regard to its conflict of laws principles. By accessing, using or making a purchase from the Website, you agree that any dispute or controversy arising from use of the Website, Services, our products, or these Terms of Use, must be brought before the courts of San Benito County in the State of California or the United States federal court having jurisdiction over San Benito County, California. By using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts.